TRUMP'S LATEST TRAVEL BAN

The Trump Administration issues new restrictions on travel to the United States. The rules now affect 8 countries.

The highlights of the new proclamation:

Includes a total ban on travel to the US by Syrian and North Korean nationals

Bans all travel to the US by Iranian nationals, except those with certain student or exchange visas

Bans all immigrant and most non-immigrant travel for Libyan, Yemeni, and Chadian nationals

The order also bans all travel for certain government officials and their family members from Venezuela

Bans all immigrant travel for Somali nationals and includes enhanced vetting for nonimmigrant travel

Provides more detail on case-by-case exceptions for affected travelers

The ban goes into effect immediately for persons who were already banned by the second Executive Order and lack a bona fide relationship with a US entity and goes into effect on October 18 for everyone else. Importantly, as of October 18 even individuals with “bona fide relationships” to people or entities in the U.S. will not be excepted from the ban because of those relationships.

Equally important is understanding whom the new ban does NOT apply to:

Lawful permanent residents (green card holders)

Dual nationals (as long as travel is on a non-banned country passport)

Certain diplomatic and semi-diplomatic visa holders

Asylees and admitted refugees

Those already in and admitted to the United States on the effective date (9/24/17 or 10/18/17)

The administration said it is adopting a more tailored approach with respect to nonimmigrants, rather than continue with blanket bans. According to the proclamation, the government would consider lifting restrictions of countries that have improved their identity-management and information-sharing protocols and procedures.

SUBSCRIBE TO BLOG

RECENT POSTS

CATEGORIES

RECENT COMMENTS

Footer menu

LABOR CERTIFICATION

The sponsoring employer must file a Labor Certification (a.k.a. PERM) with the Department of Labor certifying that there are ?no willing and able? U.S. workers to do the job the foreign national will perform. This is usually proved by submitting proof of advertising for the specific position, skill requirements for a particular job and verification of the prevailing wage for a position and the employer?s ability to pay the offered wage;

EB-1 PRIORITY WORKERS

28.6% of worldwide employment based preference level, plus any numbers not required for fourth and fifth preferences. Many foreign nationals would like to file under this priority because there is usually no wait time since the priority dates are usually current. In addition, there is no need to file a Labor Certification.

APersons of extraordinary ability

BOutstanding Professors and Researchers

CManagers and executives subject to international transfer to the U.S.

EB-2 PROFESSIONALS WITH ADVANCED DEGREES OR PERSONS WITH EXCEPTIONAL ABILITY

28.6% of the worldwide employment based preference level, plus any numbers not required by the first preference (EB-1). It is important to note that it is easier to obtain an approved I-140 under EB-3 than EB-2 because the job requirements for EB-2 are closely scrutinized by USCIS. Nevertheless, it is advantageous for foreign nationals of oversubscribed countries (China, Mexico, India and the Phillipines)

FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

Must be filed by the sponsoring employer together with the Certified Labor Certification and evidence demonstrating the ability to pay the prevailing wage (i.e. federal tax returns, audited financial statements and annual reports). The sponsoring employer will also need to prove that the company exists by providing pictures, a copy of the office lease, contracts, etc. It is important to note that obtaining an approval of Form I-140 does not confer status and that the approval is entirely contingent upon the employee upon remaining in the same job.